On Prosecution Recommendations Of Civil Retrial

In the past ten years, the recommendations of civil retrial that developed in practice relieson its own superiority is gradually becoming an important way of the civil procuratorialsupervision, but it has some" deficiencies in born". The law on recommendations of civilretrial is not clear, lack of legal status, and the procedure regulation is unknown, theeffectiveness is insufficient, all leads to its application in the practice is very hard. This thesisuse " On Prosecution Recommendations of Civil Retrial" as the topic, attempts to prove thepresence of the recommendations of civil retrial of the theoretical basis and practical basis,and through the study of the recommendations of civil retrial’s application in practice,thenput forward some proposals to improve the institutions of present system, aimed to providingmore theoretical supports to strengthen the supervision of civil litigation activities’, and also anew prospect on the" Civil Procedure Law".This paper is divided into the following three parts，all including24000words about:The first part of" the recommendations of civil retrial’s theoretical basis", this part alongthe recommendations of civil retrial’s development history, elaborates the recommendationsof civil retrial’s concept, nature, characteristics and legal basis, in order to prove therationality of the recommendations of civil retrial’s existence.The second part of the " the recommendations of civil retrial’s practice situationanalysis", first this part is focuses on analysis the insufficient of the current legal supervisionsystem, then compare the superiority of the recommendations of civil retrial, at the same timeI collected large amounts of the data and case evidence of the recommendations of civil retrial,demonstrate the necessity of the recommendations of civil retrial in practice respect. Then incombination with various local Procuratorates’ practice to discuss the recommendations ofcivil retrial’s defects, then through the study of its defects and advantages which leads toperfect the recommendations of civil retrial.The third part is called " the improvement of recommendations of civil retrial ", this partwhich combine the defects and advantages of the recommendations of civil retrial, putforward my own suggestions and opinions on perfecting the recommendations of civil retrialfrom the design of the legal level, the creation of the system to the safeguard of its effectiveness. I puts forward some suggestions to perfect the recommendations of civilretrial.firstly,we should update the relevant laws, make the legal status of therecommendations of civil retrial clearly, unified the recommendations of civil retrial’spractice; secondly we should perfect the application procedurese,including the proposedprinciple, mainstay, the form it put forward or the ways of hearing and so on, we shoulddesign those procedures by the characteristics of the recommendations of civil retrial; finally,we should improve the mechanism to security its effectiveness, to ensure that therecommendations of civil retrial’s effectiveness and connect the protest system.